Negotiated Rulemaking Committee; Public Hearings, 36814-36816 [2018-15929]
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Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules
(3) Further guidance on estimating
deliverable supply, including consideration
of whether the underlying security is readily
available, is found in appendix C to part 38
of this chapter.
(b) Guidance and acceptable practices for
setting limits on cash-settled equity index
security futures products—(1) Guidance for
setting limits on cash-settled equity index
security futures products. For a security
futures product cash settled to a narrowbased security index of equity securities, a
designated contract market:
(i) May set the level of a position limit to
that of a similar equity index option listed on
a national security exchange or association;
or
(ii) Should consider the deliverable supply
of equity securities underlying the index, and
should consider the index weighting and
contract multiplier.
(2) Acceptable practices for setting limits
on cash-settled equity index security futures
products. For a security futures product cash
settled to a narrow-based security index of
equity securities weighted by the number of
shares outstanding, a designated contract
market may set a position limit as follows:
First, determine the limit on a security
futures product on each underlying equity
security pursuant to § 41.25(b)(3)(i); second,
multiply each such limit by the ratio of the
100-share contract size and the shares of the
equity securities in the index; and third,
determine the minimum level from step two
and set the limit to that level, given a
contract size of one U.S. dollar times the
index, or for a larger contract size, reduce the
level proportionately. If under these
procedures each of the equity securities
underlying the index is determined to be
eligible for position accountability levels, the
security futures product on the index itself is
eligible for a position accountability level.
(c) Guidance and acceptable practices for
setting limits on debt security futures
products—(1) Guidance for setting limits on
debt security futures products. A designated
contract market should set the level of a
position limit to no greater than the
equivalent of 12.5 percent of the par value of
the estimated deliverable supply of the
underlying debt security. For a security
futures product on more than one debt
security, the limit should be based on the
underlying debt security with the lowest
estimated deliverable supply.
(2) Acceptable practices for setting limits
on debt security futures products.
[Reserved.]
(d) Guidance on position accountability. A
designated contract market may adopt a
position accountability rule for any security
futures product, in addition to a position
limit rule required or adopted under this
section. Upon request by the designated
contract market, traders who hold positions,
either net or on the same side of the market,
greater than such level specified pursuant to
the rules of the designated contract market
must provide information to the designated
contract market and consent to halt
increasing their positions when so ordered by
the designated contract market.
(e) Guidance on exemptions from position
limits. A designated contract market may
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approve exemptions from these position
limits pursuant to rules that are consistent
with § 150.5 of this chapter, or to rules that
are consistent with rules of a national
securities exchange or association regarding
exemptions to securities option position
limits or exercise limits.
Issued in Washington, DC, on July 24,
2018, by the Commission.
Robert Sidman,
Deputy Secretary of the Commission.
Note: The following appendices will not
appear in the Code of Federal Regulations.
Appendices to Position Limits and
Position Accountability for Security
Futures Products—Commission Voting
Summary and Commissioner’s
Statement
Appendix 1—Commission Voting
Summary
On this matter, Chairman Giancarlo and
Commissioners Quintenz and Behnam voted
in the affirmative. No Commissioner voted in
the negative.
Appendix 2—Concurring Statement of
Commissioner Rostin Behnam
I respectfully concur with the Commodity
Futures Trading Commission’s approval of its
proposed rule regarding Position Limits and
Position Accountability for Security Futures
Products (the ‘‘Proposal’’). I commend staff
on their hard work in producing this
Proposal, and for their thoughtful responses
to my questions. I look forward to hearing
from market participants and other
stakeholders regarding the amendments to
the existing position limits rules for security
futures products. In particular, I will be
interested in comments regarding the
appropriateness of increasing the default
level of equity security futures products
position limits from 13,500 contracts to
25,000 contracts. While today’s Proposal only
would amend the Commission’s Part 41 rules
regarding security futures products, I
nonetheless encourage market participants
and interested stakeholders to consider how
the Proposal might impact or interplay with
the Commission’s position limits rules in
Part 150 and any future amendments to them.
[FR Doc. 2018–16079 Filed 7–30–18; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[Docket ID ED–2018–OPE–0076]
Negotiated Rulemaking Committee;
Public Hearings
Office of Postsecondary
Education, Department of Education.
ACTION: Intent to establish negotiated
rulemaking committee.
AGENCY:
We announce our intention to
establish a negotiated rulemaking
SUMMARY:
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committee to prepare proposed
regulations for the Federal Student Aid
programs authorized under title IV of
the Higher Education Act of 1965, as
amended (HEA) (title IV, HEA
programs). We also announce our
intention to create two subcommittees
for this committee. In addition, we
announce three public hearings at
which interested parties may comment
on the topics suggested by the
Department and may suggest additional
topics that should be considered for
action by the negotiating committee. We
will also accept written comments on
the topics suggested by the Department
and suggestions for additional topics
that should be considered for action by
the negotiating committee. The
Department will present negotiators
with proposed regulatory language at
the first negotiating session.
DATES: The dates, times, and locations
for the public hearings are listed under
SUPPLEMENTARY INFORMATION. We must
receive written comments on the topics
suggested by the Department and
additional topics that should be
considered for action by the negotiating
committee on or before September 14,
2018.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments by fax or by email. To ensure
that we do not receive duplicate copies,
please submit your comments only
once. In addition, please include the
Docket ID at the top of your comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘Help.’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: The Department
strongly encourages commenters to
submit their comments electronically.
However, if you mail or deliver your
comments, address them to Aaron
Washington, U.S. Department of
Education, 400 Maryland Ave. SW,
Room 294–12, Washington, DC 20202.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules
For information about the public
hearings, go to www2.ed.gov/policy/
highered/reg/hearulemaking/2018/
index.html or contact: Aaron
Washington, U.S. Department of
Education, 400 Maryland Ave. SW,
Room 294–12, Washington, DC 20202.
Telephone: (202) 453–7241. Email:
aaron.washington@ed.gov.
For information about negotiated
rulemaking in general, see The
Negotiated Rulemaking Process for Title
IV Regulations, Frequently Asked
Questions at www2.ed.gov/policy/
highered/reg/hearulemaking/hea08/negreg-faq.html or contact: Aaron
Washington, U.S. Department of
Education, 400 Maryland Ave. SW,
Room 294–12, Washington, DC 20202.
Telephone: (202) 453–7241. Email:
aaron.washington@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
Section
492 of the HEA requires that, before
publishing any proposed regulations to
implement programs authorized under
title IV of the HEA, the Secretary obtain
public involvement in the development
of the proposed regulations. After
obtaining advice and recommendations
from the public, the Secretary conducts
negotiated rulemaking to develop the
proposed regulations. We announce our
intent to develop proposed title IV
regulations by following the negotiated
rulemaking procedures in section 492 of
the HEA.
We intend to select participants for
the negotiated rulemaking committee
from nominees of organizations and
groups that represent the interests
significantly affected by the proposed
regulations. In accordance with section
492(b)(1) of the HEA, we will select
from the nominees individual
negotiators who reflect the diversity
among program participants.
SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with PROPOSALS
Regulatory Issues
We intend to convene a negotiated
rulemaking committee to develop
proposed regulations to revise the
regulations related to the Secretary’s
recognition of accrediting agencies in 34
CFR part 602, and related parts as
described below. The proposed topics
for negotiation would include:
• Requirements for accrediting
agencies in their oversight of member
institutions;
• Requirements for accrediting
agencies to honor institutional mission;
• Criteria used by the Secretary to
recognize accrediting agencies,
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emphasizing criteria that focus on
educational quality;
• Developing a single definition for
purposes of measuring and reporting job
placement rates; and
• Simplifying the Department’s
process for recognition and review of
accrediting agencies.
In addition to developing proposed
regulations on the core functions of
accreditation, the committee would also
develop proposed regulations in a
number of areas to promote greater
access for students to high-quality,
innovative programs by revising the
regulations related to:
(1) State authorization, to address the
requirements related to programs
offered through distance education or
correspondence courses, including
disclosures about such programs to
enrolled and prospective students, and
other State authorization issues (34 CFR
600.9 and 668.50);
(2) The definition of ‘‘regular and
substantive interaction,’’ as that term is
used in the definitions of
‘‘correspondence course’’ and ‘‘distance
education’’ in 34 CFR 600.2, 600.7, and
668.10;
(3) The definition of the term ‘‘credit
hour’’ as it is used in 34 CFR 600.2,
602.24, 603.24, and 668.8;
(4) The requirement that an
institution demonstrate a reasonable
relationship between the length of a
program and entry-level requirements
for the recognized occupation for which
the program prepares the student (34
CFR 668.8(e)(1)(iii) and 668.14(b)(26));
(5) The arrangements between an
institution and another institution or
organization to provide a portion of an
educational program (34 CFR 668.5);
(6) The roles and responsibilities of
institutions and accrediting agencies in
the teach-out process (34 CFR 600.32(d)
and 602.24);
(7) The barriers to innovation and
competition in postsecondary education
or to student completion, graduation, or
employment, including, but not limited
to, those contained in the Department’s
institutional eligibility regulations (34
CFR part 600) and student assistance
general provisions (34 CFR part 668);
(8) The simplification and
clarification of program requirements to
minimize inadvertent grant-to-loan
conversions and to improve outcomes
for Teacher Education Assistance for
College and Higher Education (TEACH)
Grant recipients (34 CFR part 686);
(9) Direct assessment programs and
competency-based education (34 CFR
668.10), focusing on the ability of
institutions to develop, and students to
progress through, innovative programs
responsive to student, employer, and
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36815
societal needs, including consideration
of regulations that are barriers to the
implementation of such programs, such
as certain requirements for term-based
academic calendars and satisfactory
academic progress; and
(10) In light of the recent United
States Supreme Court decision in
Trinity Lutheran Church of Columbia,
Inc. v. Comer, 137 S. Ct. 2012 (2017),
and the October 6, 2017, Memorandum
for All Executive Departments and
Agencies issued by the Attorney General
of the United States pursuant to
Executive Order No. 13798,1 the
committee would consider revisions to
the various provisions of the regulations
regarding the eligibility of faith-based
entities to participate in the title IV,
HEA programs, including the Gaining
Early Awareness and Readiness for
Undergraduate Programs program, and
the eligibility of students to obtain
certain benefits under those programs
(34 CFR 600.11 and parts 628, 674, 675,
676, 682, 685, 690, 692, and 694).
Finally, we intend to convene two
subcommittees for this committee. One
subcommittee would address proposed
regulations related to direct assessment
programs/competency-based education
(34 CFR 668.10) focusing on the ability
of institutions to develop, and students
to progress through, innovative
programs responsive to student,
employer, and societal needs. This
subcommittee could consider revisions
to regulations that are barriers to the
implementation of such programs,
including certain requirements for termbased academic calendars and
satisfactory academic progress, among
other topics. The second subcommittee
would make recommendations to the
committee regarding revisions to the
regulations regarding the eligibility of
faith-based entities to participate in the
title IV, HEA programs. Proposed
subcommittees are formed to address
specified issues and to make
recommendations to the committee
regarding proposed regulatory language.
Subcommittees do not make decisions
for the committee. While committee
meetings are open to the public to
attend in person, subcommittee
meetings will be made available through
a Department-provided livestream.
We intend to provide draft proposed
regulatory language for discussion by
the negotiating committee and the
subcommittees prior to the first meeting
of the committee or subcommittees.
After reviewing the public comments
presented at the hearings and in the
written submissions, we will publish a
1 https://www.justice.gov/opa/press-release/file/
1001891/download.
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Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules
daltland on DSKBBV9HB2PROD with PROPOSALS
document (or documents) in the Federal
Register announcing the specific topics
for which we intend to establish the
negotiated rulemaking committee and a
request for nominations for individual
negotiators for the committee who
represent the communities of interest
that would be significantly affected by
the proposed regulations. We will also
announce the specific topics for which
we intend to establish subcommittees
and request nominations for individuals
with pertinent expertise to participate
on the subcommittees. This document
will also be posted on the Department’s
website at: www2.ed.gov/policy/
highered/reg/hearulemaking/2018/
index.html.
Public Hearings
We will hold three public hearings for
interested parties to discuss the
rulemaking agenda. The public hearings
will be held:
• September 6, 2018, at the U.S.
Department of Education, 400 Maryland
Ave. SW, Barnard Auditorium,
Washington, DC 20202.
• September 11, 2018, at Xavier
University, Convocation Center Annex,
Room 111, Building 62, 7800
Washington Ave., New Orleans, LA
70125.
• September 13, 2018, at Gateway
Technical College, SC Johnson iMET
Center, 2320 Renaissance Blvd.,
Sturtevant, WI 53177.
The Washington, DC public hearing
will be held from 9:00 a.m. to 4:00 p.m.,
Eastern Daylight Time. The New
Orleans, LA and Sturtevant, WI public
hearings will be held from 9:00 a.m. to
1:00 p.m., Central Daylight Time.
Further information on the public
hearing sites is available at
www2.ed.gov/policy/highered/reg/
hearulemaking/2018/.
Individuals who would like to present
comments at the public hearings must
register by sending an email to
negreghearing@ed.gov. The email
should include the name of the
presenter along with the public hearing
at which the individual would like to
speak, the general topic(s) the
individual would like to address, and a
general timeframe during which the
individual would like to speak (for
example, a presenter could indicate
morning or afternoon, or before 11:00
a.m. or after 3:00 p.m.). We will make
the determination on a first-come, firstserved basis, based on the time and date
the email was received. Each participant
will be limited to five minutes. The
Department will notify registrants of the
date and time slot reserved for them. An
individual may make only one
presentation at the public hearings. If
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we receive more registrations than we
are able to accommodate, the
Department reserves the right to reject
the registration of an entity or
individual that is affiliated with an
entity or individual that is already
scheduled to present comments, and to
select among registrants to ensure that a
broad range of entities and individuals
is allowed to present. We will accept
registrations for any remaining time
slots on a first-come, first-served basis,
beginning at 8:30 a.m. on the day of the
public hearing at the Department’s onsite registration table. Registration is not
required to observe the public hearings;
however, space may be limited.
The Department will post transcripts
of the hearings to www2.ed.gov/policy/
highered/reg/hearulemaking/2018/
index.html. Although the Department
will not be video recording the hearings,
speakers should be aware that, since
these are public meetings, they may be
filmed or recorded by members of the
public.
Speakers may submit written
comments at the public hearings. In
addition, the Department will accept
written comments via the Federal
eRulemaking portal, and by postal mail,
commercial delivery, or hand delivery.
(See the ADDRESSES section of this
document for submission information.)
Schedule for Negotiations
We anticipate that any committee
established after the public hearings
will begin negotiations in January of
2019, with the committee meeting for
up to three sessions of three days each
at roughly four- to eight-week intervals.
The Department will post transcripts
and audio of the sessions to
www2.ed.gov/policy/highered/reg/
hearulemaking/2018/. We
anticipate that any subcommittees
established will begin meeting in
January or February, after the first
meeting of the committee. The
committee and subcommittees will meet
in the Washington, DC area. The dates
and locations of these meetings will be
published in a subsequent notice in the
Federal Register, and will be posted on
the Department’s website at:
www2.ed.gov/policy/highered/reg/
hearulemaking/2018/.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format by contacting
Aaron Washington, U.S. Department of
Education, 400 Maryland Ave. SW,
Room 281–13, Washington, DC 20202.
Telephone: (202) 203–9155. Email:
Aaron.Washington@ed.gov.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
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Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations via the
Federal Digital System at: www.gpo.gov/
fdsys. At this site you can view this
document, as well as all other
documents of this Department
published in the Federal Register, in
text, or Portable Document Format
(PDF). You may also access documents
of the Department published in the
Federal Register by using the article
search feature at:
www.federalregister.gov. Specifically,
through the advanced search feature at
this site, you can limit your search to
documents published by the
Department.
Program Authority: 20 U.S.C. 1098a.
Diane Auer Jones,
Principal Deputy Under Secretary Delegated
to Perform the Duties of Under Secretary and
Assistant Secretary, Office of Postsecondary
Education.
[FR Doc. 2018–15929 Filed 7–30–18; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2018–0549; FRL–9981–
62—Region 2]
Approval and Promulgation of
Implementation Plans; New Jersey;
Elements for the 2008 8-Hour Ozone
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
several State Implementation Plan (SIP)
revisions submitted by the State of New
Jersey for purposes of implementing
Reasonably Available Control
Technology (RACT) for the 2008 8-hour
ozone National Ambient Air Quality
Standard (NAAQS). The EPA is
proposing to approve New Jersey’s SIP
revision for the control and prohibition
of air pollution by volatile organic
compounds (VOCs) and control and
prohibition of air pollution by oxides of
nitrogen (NOX), as they are intended to
satisfy certain control technique
guideline (CTG) and NOX RACT
categories. The EPA is proposing to
approve New Jersey’s certification that
there are no sources within the State for
the following CTGs: Manufacture of
Vegetable Oils; Manufacture of
Pneumatic Rubber Tires; Aerospace
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36814-36816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15929]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[Docket ID ED-2018-OPE-0076]
Negotiated Rulemaking Committee; Public Hearings
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Intent to establish negotiated rulemaking committee.
-----------------------------------------------------------------------
SUMMARY: We announce our intention to establish a negotiated rulemaking
committee to prepare proposed regulations for the Federal Student Aid
programs authorized under title IV of the Higher Education Act of 1965,
as amended (HEA) (title IV, HEA programs). We also announce our
intention to create two subcommittees for this committee. In addition,
we announce three public hearings at which interested parties may
comment on the topics suggested by the Department and may suggest
additional topics that should be considered for action by the
negotiating committee. We will also accept written comments on the
topics suggested by the Department and suggestions for additional
topics that should be considered for action by the negotiating
committee. The Department will present negotiators with proposed
regulatory language at the first negotiating session.
DATES: The dates, times, and locations for the public hearings are
listed under SUPPLEMENTARY INFORMATION. We must receive written
comments on the topics suggested by the Department and additional
topics that should be considered for action by the negotiating
committee on or before September 14, 2018.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments by fax or by email. To ensure that we do not receive
duplicate copies, please submit your comments only once. In addition,
please include the Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``Help.''
Postal Mail, Commercial Delivery, or Hand Delivery: The
Department strongly encourages commenters to submit their comments
electronically. However, if you mail or deliver your comments, address
them to Aaron Washington, U.S. Department of Education, 400 Maryland
Ave. SW, Room 294-12, Washington, DC 20202.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT:
[[Page 36815]]
For information about the public hearings, go to www2.ed.gov/policy/highered/reg/hearulemaking/2018/ or contact: Aaron
Washington, U.S. Department of Education, 400 Maryland Ave. SW, Room
294-12, Washington, DC 20202. Telephone: (202) 453-7241. Email:
[email protected].
For information about negotiated rulemaking in general, see The
Negotiated Rulemaking Process for Title IV Regulations, Frequently
Asked Questions at www2.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html or contact: Aaron Washington, U.S. Department of
Education, 400 Maryland Ave. SW, Room 294-12, Washington, DC 20202.
Telephone: (202) 453-7241. Email: [email protected].
If you use a telecommunications device for the deaf (TDD) or text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION: Section 492 of the HEA requires that, before
publishing any proposed regulations to implement programs authorized
under title IV of the HEA, the Secretary obtain public involvement in
the development of the proposed regulations. After obtaining advice and
recommendations from the public, the Secretary conducts negotiated
rulemaking to develop the proposed regulations. We announce our intent
to develop proposed title IV regulations by following the negotiated
rulemaking procedures in section 492 of the HEA.
We intend to select participants for the negotiated rulemaking
committee from nominees of organizations and groups that represent the
interests significantly affected by the proposed regulations. In
accordance with section 492(b)(1) of the HEA, we will select from the
nominees individual negotiators who reflect the diversity among program
participants.
Regulatory Issues
We intend to convene a negotiated rulemaking committee to develop
proposed regulations to revise the regulations related to the
Secretary's recognition of accrediting agencies in 34 CFR part 602, and
related parts as described below. The proposed topics for negotiation
would include:
Requirements for accrediting agencies in their oversight
of member institutions;
Requirements for accrediting agencies to honor
institutional mission;
Criteria used by the Secretary to recognize accrediting
agencies, emphasizing criteria that focus on educational quality;
Developing a single definition for purposes of measuring
and reporting job placement rates; and
Simplifying the Department's process for recognition and
review of accrediting agencies.
In addition to developing proposed regulations on the core
functions of accreditation, the committee would also develop proposed
regulations in a number of areas to promote greater access for students
to high-quality, innovative programs by revising the regulations
related to:
(1) State authorization, to address the requirements related to
programs offered through distance education or correspondence courses,
including disclosures about such programs to enrolled and prospective
students, and other State authorization issues (34 CFR 600.9 and
668.50);
(2) The definition of ``regular and substantive interaction,'' as
that term is used in the definitions of ``correspondence course'' and
``distance education'' in 34 CFR 600.2, 600.7, and 668.10;
(3) The definition of the term ``credit hour'' as it is used in 34
CFR 600.2, 602.24, 603.24, and 668.8;
(4) The requirement that an institution demonstrate a reasonable
relationship between the length of a program and entry-level
requirements for the recognized occupation for which the program
prepares the student (34 CFR 668.8(e)(1)(iii) and 668.14(b)(26));
(5) The arrangements between an institution and another institution
or organization to provide a portion of an educational program (34 CFR
668.5);
(6) The roles and responsibilities of institutions and accrediting
agencies in the teach-out process (34 CFR 600.32(d) and 602.24);
(7) The barriers to innovation and competition in postsecondary
education or to student completion, graduation, or employment,
including, but not limited to, those contained in the Department's
institutional eligibility regulations (34 CFR part 600) and student
assistance general provisions (34 CFR part 668);
(8) The simplification and clarification of program requirements to
minimize inadvertent grant-to-loan conversions and to improve outcomes
for Teacher Education Assistance for College and Higher Education
(TEACH) Grant recipients (34 CFR part 686);
(9) Direct assessment programs and competency-based education (34
CFR 668.10), focusing on the ability of institutions to develop, and
students to progress through, innovative programs responsive to
student, employer, and societal needs, including consideration of
regulations that are barriers to the implementation of such programs,
such as certain requirements for term-based academic calendars and
satisfactory academic progress; and
(10) In light of the recent United States Supreme Court decision in
Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S. Ct. 2012
(2017), and the October 6, 2017, Memorandum for All Executive
Departments and Agencies issued by the Attorney General of the United
States pursuant to Executive Order No. 13798,\1\ the committee would
consider revisions to the various provisions of the regulations
regarding the eligibility of faith-based entities to participate in the
title IV, HEA programs, including the Gaining Early Awareness and
Readiness for Undergraduate Programs program, and the eligibility of
students to obtain certain benefits under those programs (34 CFR 600.11
and parts 628, 674, 675, 676, 682, 685, 690, 692, and 694).
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\1\ https://www.justice.gov/opa/press-release/file/1001891/download.
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Finally, we intend to convene two subcommittees for this committee.
One subcommittee would address proposed regulations related to direct
assessment programs/competency-based education (34 CFR 668.10) focusing
on the ability of institutions to develop, and students to progress
through, innovative programs responsive to student, employer, and
societal needs. This subcommittee could consider revisions to
regulations that are barriers to the implementation of such programs,
including certain requirements for term-based academic calendars and
satisfactory academic progress, among other topics. The second
subcommittee would make recommendations to the committee regarding
revisions to the regulations regarding the eligibility of faith-based
entities to participate in the title IV, HEA programs. Proposed
subcommittees are formed to address specified issues and to make
recommendations to the committee regarding proposed regulatory
language. Subcommittees do not make decisions for the committee. While
committee meetings are open to the public to attend in person,
subcommittee meetings will be made available through a Department-
provided livestream.
We intend to provide draft proposed regulatory language for
discussion by the negotiating committee and the subcommittees prior to
the first meeting of the committee or subcommittees.
After reviewing the public comments presented at the hearings and
in the written submissions, we will publish a
[[Page 36816]]
document (or documents) in the Federal Register announcing the specific
topics for which we intend to establish the negotiated rulemaking
committee and a request for nominations for individual negotiators for
the committee who represent the communities of interest that would be
significantly affected by the proposed regulations. We will also
announce the specific topics for which we intend to establish
subcommittees and request nominations for individuals with pertinent
expertise to participate on the subcommittees. This document will also
be posted on the Department's website at: www2.ed.gov/policy/highered/reg/hearulemaking/2018/.
Public Hearings
We will hold three public hearings for interested parties to
discuss the rulemaking agenda. The public hearings will be held:
September 6, 2018, at the U.S. Department of Education,
400 Maryland Ave. SW, Barnard Auditorium, Washington, DC 20202.
September 11, 2018, at Xavier University, Convocation
Center Annex, Room 111, Building 62, 7800 Washington Ave., New Orleans,
LA 70125.
September 13, 2018, at Gateway Technical College, SC
Johnson iMET Center, 2320 Renaissance Blvd., Sturtevant, WI 53177.
The Washington, DC public hearing will be held from 9:00 a.m. to
4:00 p.m., Eastern Daylight Time. The New Orleans, LA and Sturtevant,
WI public hearings will be held from 9:00 a.m. to 1:00 p.m., Central
Daylight Time. Further information on the public hearing sites is
available at www2.ed.gov/policy/highered/reg/hearulemaking/2018/.
Individuals who would like to present comments at the public
hearings must register by sending an email to [email protected]. The
email should include the name of the presenter along with the public
hearing at which the individual would like to speak, the general
topic(s) the individual would like to address, and a general timeframe
during which the individual would like to speak (for example, a
presenter could indicate morning or afternoon, or before 11:00 a.m. or
after 3:00 p.m.). We will make the determination on a first-come,
first-served basis, based on the time and date the email was received.
Each participant will be limited to five minutes. The Department will
notify registrants of the date and time slot reserved for them. An
individual may make only one presentation at the public hearings. If we
receive more registrations than we are able to accommodate, the
Department reserves the right to reject the registration of an entity
or individual that is affiliated with an entity or individual that is
already scheduled to present comments, and to select among registrants
to ensure that a broad range of entities and individuals is allowed to
present. We will accept registrations for any remaining time slots on a
first-come, first-served basis, beginning at 8:30 a.m. on the day of
the public hearing at the Department's on-site registration table.
Registration is not required to observe the public hearings; however,
space may be limited.
The Department will post transcripts of the hearings to
www2.ed.gov/policy/highered/reg/hearulemaking/2018/. Although
the Department will not be video recording the hearings, speakers
should be aware that, since these are public meetings, they may be
filmed or recorded by members of the public.
Speakers may submit written comments at the public hearings. In
addition, the Department will accept written comments via the Federal
eRulemaking portal, and by postal mail, commercial delivery, or hand
delivery. (See the ADDRESSES section of this document for submission
information.)
Schedule for Negotiations
We anticipate that any committee established after the public
hearings will begin negotiations in January of 2019, with the committee
meeting for up to three sessions of three days each at roughly four- to
eight-week intervals. The Department will post transcripts and audio of
the sessions to www2.ed.gov/policy/highered/reg/hearulemaking/2018/. We anticipate that any subcommittees established will begin
meeting in January or February, after the first meeting of the
committee. The committee and subcommittees will meet in the Washington,
DC area. The dates and locations of these meetings will be published in
a subsequent notice in the Federal Register, and will be posted on the
Department's website at: www2.ed.gov/policy/highered/reg/hearulemaking/2018/.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format by contacting Aaron Washington, U.S.
Department of Education, 400 Maryland Ave. SW, Room 281-13, Washington,
DC 20202. Telephone: (202) 203-9155. Email: [email protected]
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations via the Federal Digital System at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other
documents of this Department published in the Federal Register, in
text, or Portable Document Format (PDF). You may also access documents
of the Department published in the Federal Register by using the
article search feature at: www.federalregister.gov. Specifically,
through the advanced search feature at this site, you can limit your
search to documents published by the Department.
Program Authority: 20 U.S.C. 1098a.
Diane Auer Jones,
Principal Deputy Under Secretary Delegated to Perform the Duties of
Under Secretary and Assistant Secretary, Office of Postsecondary
Education.
[FR Doc. 2018-15929 Filed 7-30-18; 8:45 am]
BILLING CODE 4000-01-P
